SENATE DOCKET, NO. 1996        FILED ON: 1/16/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1806

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to a Lien for Architects, Engineers, Land Surveyors, and Site Professionals ..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1: The General Laws are amended by striking out Chapter 254 and hereby inserting in place thereof the following chapter:  Chapter 254

Section 1. Labor, Professional Services performed; definitions, limitation on

lien; filing

(a) As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—

(i) “Design professional” means a licensed architect, registered professional

engineer, registered land surveyor, and licensed site professional.

(ii) “Professional services” means those services performed by licensed

architects, registered professional engineers, registered land surveyors and licensed site

professionals and includes design, planning, construction administration and surveying

services.

(b) A person to whom a debt is due for personal labor or professional services performed in the design, planning, construction administration, surveying, erection, alteration, repair or

removal of a building or structure upon land or improvement or alteration to real property, by

virtue of an agreement with, or by consent of, the owner of such building or structure, or of a

person having authority from or rightfully acting for such owner in procuring or furnishing such

professional services or labor, shall, under the provisions of this chapter, other than section four,

have a lien upon such building or structure and upon such interest in such real property, land,

building, structure, or improvement owned by the party authorizing or consenting to said work or

professional services, for not more than thirty days’ work or services actually performed for the

ninety days next prior to his filing a statement as provided in section eight.

A person or his assignee, agent, authorized representative or third party beneficiary, to whom amounts are due or for whose benefit amounts are computed and due for, or on the basis of, the personal labor or professional services of such person, may file a lien to secure the payment of such unpaid amounts including interest and agreed penalties for failure to pay the same.

Section 2. Written contract; notice; time for filing; form

A person entering into a written contract with the owner of any interest in real

property, or with any person acting for, on behalf of, or with the consent of such owner for the

whole or part of the design, planning, construction administration, surveying, erection, alteration,

repair or removal of a building, structure, or other improvement to real property, or for

furnishing material or rental equipment, appliances, or tools therefor, shall have a lien upon such

real property, land, building, structure or improvement owned by the party with whom or on

behalf of whom the contract was entered into, as appears of record on the date when notice of

said contract is filed or recorded in the registry of deeds for the county or district where such

land lies, to secure the payment of all labor, including construction management and general

contractor services, professional services and material or rental equipment, appliances, or tools

which shall be furnished by virtue of said contract. Said notice may be filed or recorded in the

registry of deeds in the county or registry district where the land lies by any person entitled

under this section to enforce a lien, and shall be in substantially the following form:

Notice is hereby given that by virtue of a written contract dated ___, between ___, owner, and